Legal Points About Unfair Competition In Internet Advertisement Field

First: the background and meaning of topic of the thesis Internet advertisement, as a new form of ads broadcasting, has been developing rapidly and going beyond non-complete competition of previous advertisement field. However, its natural characteristics made it difficult to set up a harmonious competitive order in Internet advertisement field, so unfair competition becomes an eye-catching problem in this field. Various unfair competition deeds have caused a harmful effect on the interests of the same trade or business, as well as direct or indirect economic damages among consumers in the emerging advertisement field. Since there is a difference between Internet advertisements and traditional ones, there appears new characteristics the same trade or business taking advantage of unfair competition online. China has not issued any legislation regulating unfair competitive deeds in Internet advertisement field, thus making competitive order online a mess, so scholar and practical circles must face how to apply anti-unfair competition laws as well as establish and improve anti-unfair competition legal system in Internet advertisement field. On a rational analytical basis, this article makes a comparative study of Internet legal system of western developed nations such as U.S. and Germany. In this way the author give some suggestions about constructing and improving china's anti-unfair competition legal system in Internet advertisement field as reference for national legislation and judicial practice to establish fair competition order in Internet advertisement field. Second: the structure and content This article is divided into four parts. The first chapter makes a summary of Internet advertisement, covering concept, development and legal conditions, and divides Internet advertisement into different types according to different standards, on the basis of which, legal characteristics is drawn upon between Internet advertisements and traditional ones. The second chapter analyzes unfair competition deeds in Internet advertisement field. It is the basis of the following two chapters. The first subdivision makes a general study on its cause. The second part concludes the criteria of unfair competitive in Internet advertisement field from the perspective of electronic commerce. The third part sets forth the various forms of unfair competition deeds in Internet advertisement field. The third chapter covers legal application on unfair competition of Internet advertisement. The first subdivision points out necessity in legal application. The second subdivision chooses the key words of Internet advertisement and implicit Internet advertisement to state how to apply the anti-unfair competition law. The third subdivision points out issues that should be paid attention to in the application of anti-unfair competition law for subjective, scope and responsibility in Internet advertisement field. The fourth chapter makes relative suggestions on the establishment and improvement of Internet advertisement legal system. The first subdivision makes a study of legal regulations on unfair competition of Internet advertisement in current laws, accruing to some new thoughts at the perspective of legal system, jurisdiction, law application and responsibility. The last two chapters are the key points of the article. Third: the new points issued by the author Put forward that there are two appearing forms of unfair competition deeds inInternet advertisement field. The general appearing form only refers to the unfair competitive deeds that vest in traditional advertisements of unfair competition. But the appearing form is antique in Internet advertisement field. It not only brings the new concerns for application of anti-unfair competition but also important point for the future legislation. To adopt the developing trend in Internet advertisement field, we should establish and improve anti-unfair competition legal system. For the unfair competition deeds in Internet advertisement field, unilateral law is needed to prevent. Furthermore, the specialty of Internet advertisement should be considered during the legislation. There is no complete and standard system aimed at anti-unfair competition in Internet advertisement filed at home and abroad at present, however, with the deepening of the construction of the Internet advertisement law and the improvement of anti-unfair competition law, the relative legislative frame is gradually in shape. The anti-unfair competition system in Internet advertisement field with multi-level and various angles will appear in the near future.